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HomeMy WebLinkAbout04 - Charter Provisions and Election of MayorCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 June 21, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Robin Clauson, City Attorney; x3131, rclauson()city.newport- beach.ca.us; SUBJECT: CHARTER PROVISIONS AND PROCEDURE FOR ELECTION OF MAYOR ISSUE: The City Council requested a report on procedures for election of a new Mayor as the position held by Councilmember Bromberg which was vacated effective June 16, 2005 due to his appointment to the Orange County Superior Court bench. DISCUSSION: I reviewed the City's Charter and Council Policies and have concluded that: 1. The Mayor and Mayor Pro Tem are separately elected by the City Council. While the Mayor Pro Tem performs the duties of the Mayor during the Mayor's absence or disability, the Mayor Pro Tem does not automatically fill the Mayor's position when the Mayor's position becomes vacant. 2. The Council may elect a new Mayor to serve the remainder of Councilmember Bromberg's term as Mayor (through the first meeting in December 2005) or through the next general election in November 2006. 3. The Mayor may resign during his or her term. Section 404 of the City Charter is clear that the Mayor and Mayor Pro Tem are elected separately by the City Council with specific identified duties for each position. The Mayor and Mayor Pro Tem are to be elected at least as often as council elections are held and once elected, "shall serve at the pleasure of the City Council." Council Policy A -1 provides that the Mayor and Mayor Pro Tem shall be elected annually. Without this policy, under Charter section 404, the Mayor would serve until the next general municipal election which is every two years. Council Policies are adopted by the City Council to guide the administration of City business. A policy may be waived or changed by a majority vote of the City Council. If the Council wishes to elect a new Mayor to serve until the next general election in November 2006, the Council would have to decide to waive Council Policy A -1. Mayor and Members of City Council June 15, 2005 At the meeting to elect a new Mayor the City Council would need to first determine whether to waive the provisions of Policy A -1. If there is not a majority to waive the provisions of A -1, then the Council would elect a Mayor to replace Mayor Bromberg for the remainder of his term. If there is a majority vote to waive the provisions of Policy A- 1, the Council could then proceed to elect a Mayor to serve until a new Mayor is selected after the certification of election results from the November 2006 general election. If in either instance the Council elects the Mayor Pro Tem as Mayor, the Council will need to also elect a new Mayor Pro Tem. PreE77 by: Robin Olauson, City Attorney Attachments — A. Charter Section 404 B. Council Policy A -1 F:\users\cat\shared\CCStaffReports\MayorMayorProTem2.doc CHARTER Article IV City Council Section 404. The Mayor. Mayor Pro Tempore. On the date of any meeting of the City Council at which time the Council receives the certification of the results of any general or special municipal election at which any member of Council is elected, the City Council shall, after swearing and qualifying any newly elected member, elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor shall have a voice and vote in all its proceedings. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the city government to the people, and, as occasion requires, the Mayor may inform the people of any change in such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. In addition to the payment for expenses as a Council Member under Section 402B, the City Council may provide by resolution for the payment to the Mayor of an allowance of not exceeding Two Hundred Twenty Dollars and Fifty -Eight Cents per month, adjusted annually in accordance with the U.S. Department of Labor, Bureau of Labor Statistics, Los Angeles, Long Beach, Anaheim Consumer Price Index, or Five Percent (5 %) whichever amount is lesser, to reimburse the Mayor for the additional expenses incurred in serving in that capacity. The City Council shall at the same time the Mayor is elected also designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. (As amended by amendments effective on April 28, 1966, June 6, 1974, April 8, 1980, and November 6, 1984) WMI ELECTION OF MAYOR AND MAYOR PRO TEM Section 404 of the City Charter provides for the selection of the Mayor and the Mayor Pro Tern by the City Council. This section provides that a Mayor and a Mayor Pro Tern shall be selected at least as often as Councilmanic elections are held and that the Mayor and Mayor Pro Tern shall serve at the pleasure of the City Council. Effective with the selection of the Mayor and the Mayor Pro Tern during November of 1984, it is the policy of the City Council that the Mayor and the Mayor Pro Tern election shall occur every year thereafter. The election shall take place pursuant to Section 404 of the City Charter. Adopted - November 20,1984 Reaffirmed - January 24,1994 Corrected - February 26, 1996 Amended - February 24,1997